Former Cricket Australia executive Tim Whittaker’s sexual assault conviction thrown out

A judge has thrown out the sexual assault conviction against ex-Cricket Australia executive Timothy Whittaker, proving a huge blow to his accuser who was in court watching on.

Ex-Cricket Australia executive Timothy Whittaker was in 2023 found guilty beyond reasonable doubt of sexual touching without consent. Picture: NewsWire

A judge has thrown out the sexual assault conviction against ex-Cricket Australia executive Timothy Whittaker in a huge blow to his accuser.

Mr Whittaker was found guilty beyond reasonable doubt of sexual touching without consent in the Melbourne Magistrates’ Court in June 2023.

However he successfully appealed his conviction in the County Court of Victoria on Friday.

His alleged victim, a former Cricket Australia staffer, was seated in the courtroom and appeared visibly upset as Judge Peter Lauritsen handed down his judgment.

Outside court, Mr Whittaker’s accuser, who is an advocate for sexual assault victim-survivors, said he was “incredibly disappointed” by the outcome.

Ex-Cricket Australia executive Timothy Whittaker had his sexual assault conviction thrown on the window on Friday. Picture: NewsWire

Judge Lauristen said evidence in Mr Whittaker’s appeal had raised a “reasonable possibility” that the former executive was telling the truth.

“I am not satisfied of the guilt of the charge and will therefore dismiss the charge,” Judge Lauristen said.

It was alleged Mr Whittaker sexually assaulted his younger male colleague at his home in Abbotsford following a boozy staff party in March 2019.

His accuser shared details of the alleged assault with numerous people in the immediate aftermath.

While Judge Lauristen found his complaints were “fairly consistent”, he was not convinced the entire body of evidence proved Mr Whittaker was guilty beyond reasonable doubt.

Mr Whittaker’s barrister Dermot Dann requested his client’s court costs be reimbursed by the Chief Commissioner.